11-08-2021 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7232 3 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as a municipal building is a permitted use in the RR-1B District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The long, narrowness of the lot, coupled with significant slope of the property are unique to the lot. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The use of the property for a municipal building is unique to the property and the district. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The public works nature of the building requires flexibility from standard zoning regulations which were developed primarily for residential uses. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. The reduced north side setback and height variance will not impact neighboring properties in these ways, as there are no neighbors to the north (nor will there ever be), and the height issue is caused by the significant drop in the lot. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The plans reflect minimal amount of variance necessary to meet use requirements of the site while minimizing impact to neighboring properties. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-420 to allow the buildings defined height up to 36 feet, and allow the north side yard setback to reduce from 30 feet to 23 feet, subject to the following conditions: 1. Council approval is based on the entire record, above Findings.